Calcutta High Court
CRR/4112/2026 of SADDADUR SEIKH @ SK Vs STATE OF WEST BENGAL on 9 October 2026
no. 09 [Srimanta] Ct. No. - 39 CRR/4112/2026 In re : An Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 482 of the Code of Criminal Procedure, 1973 -And- In the matter of : SADDADUR SEIKH @ SK. … … Petitioner. Mr. Kallol Kumar
09.10.2026
Serial no. 09
[Srimanta]
Ct. No. - 39
CRR/4112/2026
In re : An Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 482 of the Code of Criminal Procedure, 1973
-And-
In the matter of : SADDADUR SEIKH @ SK.
… … Petitioner.
Mr. Kallol Kumar Basu,
Md. Jannat Ul Firdous,
Mr. Rajesh Naskar
…For the petitioner.
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1. Supplementary affidavit enclosing the medical document dated 07.08.2026 filed by the petitioner in Court today be kept with the record.
2. The petitioner filed this revisional application challenging the order dated 07.08.2026 passed by the Learned Additional Chief Judicial Magistrate, Kandi, Murshidabad in G.R. No.1543 of 2023, thereby issued warrant of arrest against the Petitioner.
3. The learned Counsel appearing on behalf of the petitioner submits that the trial court has issued the warrant of arrest although he had filed adjournment petition before the Trial Court only on the ground of illness. The Trial court should have granted opportunity to produce the medical documents before issuing non-bailable warrant, as
2 petitioner liberty is involved. The same may be set aside, otherwise, petitioner would suffer injury.
4. Having heard the submission and on perusal of the order dated 07.08.2026, it appears that the petitioner had filed an application praying for adjournment on the ground of illness. However, he could not file the document on the adjourned date.
5. Today, he has filed the medical document to support his contention. This Court satisfied with the medical document to indicate that he was suffering due to back pain and he could not attend the Trial Court. The order issued by the Trial Court thereby issuing warrant of arrest is stayed till next date fixed before the Trial court by allowing the petitioner one more opportunity so that he can appear on the next date positively and pray for recall of warrant of arrest. In default, warrant of arrest will be revived.
6. No notice is required to be served upon the other side. The notice to serve is dispensed with.
7. With the above observation, CRR/4112/2026 is disposed of.
8. Let a copy of this order be communicated to the Learned Trial court for information.
(Ajay Kumar Gupta, J.)